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“There is every likelihood of defendant’s cloud kitchen services being perceived as another extension of plaintiff’s services owing to the nature of the ‘SOCIAL’ series of marks used by plaintiff.”
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“It cannot be stated that the allegations attributed to the husband were completely wrong, but the facts would reveal that the allegations were made on account of the abnormal unexplained behaviour of the husband.”
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Policies are often drafted keeping in view the larger public interest, balancing various competing interests. Unless a policy is manifestly arbitrary, discriminatory, or mala fide, the wisdom and advisability of governmental policies are outside the purview of judicial review.
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Right to freedom of speech and expression does not confer right in absolute form to tarnish someone’s image and reputation which he/she owns in the society.
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The remedy for the petitioners is only as against the Private Company by filing necessary applications at Nigeria. However, these poor widows cannot pursue the litigations in Nigeria and therefore, there is a responsibility cast upon the Ministry of External Affairs and the Ministry of Overseas Indian Affairs to take appropriate action through the Embassy to redress the grievance of these petitioners.
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“Considering that the plaintiff operates in the pharmaceutical and medicinal sector and is also registered for the ‘GSK’ mark, the use of an identical mark, especially in an identical colour combination, is clearly dishonest and mala fide.”
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It is for violation of Section 18(2) and Section 18(3) of the FERA that would entail action under Section 56 FERA, but the intervening threshold of issuance of show cause notice/opportunity notice and hearing the notice before passing the decision upon such mandatory application of principles of natural justice alone that the action under Section 56 could, at all, have been initiated.
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“There is no doubt about the factum of marriage between the petitioners and the fact that they are major. No one, not even the family members can object to such relation or to the matrimonial ties between the petitioners.”
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Section 112 of the Evidence Act underscores the principle that children born within the confines of a legally recognized marriage are deemed legitimate per se and it ensures that no unwarranted assumptions of impropriety or moral transgressions are made and instead places the burden of proof on those who contest the child’s legitimacy.
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“Though Articles 19(1)(a) and (b) of the Constitution gives freedom to raise one’s voice but the possibility of the event creating a law-and-order situation which can result in loss of lives, property, etc is an important factor which has to be taken into account by the law enforcement agencies.”
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“It is well settled that in the matrimonial house, the wife should not be treated as hired chattel or a bonded labour to stay under the conditions imposed by the husband.”
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“The very integrity of the entire selection process was compromised and DSEU could not determine its extent and hence, had to resort to cancelling the entire examination process, to protect the sanctity of the recruitment process.”
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The court at the stage of bail has to only see the prima facie case. Even in the case of MCOCA, the court is not required to arrive at a positive finding that the applicant has not committed such an offence because in such a case it will be impossible for the prosecution to obtain a judgment of conviction of the applicant in case the bail is granted.
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“The line of demarcation between diagnostic and non-diagnostic tests may not always be bright and could blur on occasion; even so, there is sufficient support both in the text and immediate context of the expression “diagnostic” in Section 3(i)”
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“Forbearance from granting such relief would enable the defendants to continue exploiting the plaintiff’s copyright, which would result in irreparable prejudice to the plaintiff.”
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“Listings play a crucial role in online marketing and sales. Copying of listings also indicates that defendant is trying to pass off its products as that of plaintiff, in view of the point-of-sale confusion that becomes clearly possible.”
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“Notification No. 179(E) issued by the Ministry of Health and Family Welfare must be held to be prospective in application as petitioners have already secured requisite Certificate of Medical Indication from Delhi State Level Medical Board, Department of Family Welfare prior to amendment taking effect.”
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“The medical board has opined that the petitioner required regular medical care and supervision and the support of the family members for his compliance to the medical treatment.”
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“The apprehensions and reluctance of the hospitals here to entertain organ transplantation between non-relatives is more due to inadequate awareness of the law on the topic. All it now requires is proper legal education on the subject for the physicians and the hospitals, and this Court expects the Govt. to take the lead in the matter.”
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While the applicant’s right to healthcare and medical treatment is a fundamental consideration, it cannot be allowed to overshadow the pressing need to investigate fairly and ensure that due legal processes are followed.
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